With just two and a half months until they’re due back in court, Teresa and Joe Giudice are covering the bases. On Jan. 15, the couple petitioned to have two separate trials for the federal indictment against them. The Real Housewives of New Jersey stars were charged with 41 counts of fraud last summer, and face 50 years in prison.

However, according to court documents, Joe wants to testify that his wife had no knowledge of or involvement in any of the criminal activity. Because of the Fifth Amendment, though, he cannot do that if they are tried together.

“Should the trials be severed, Mr. Giudice has affirmed his willingness to testify as to Teresa’s involvement in the alleged criminal activity,” the document states. “He would be unable to do that in a joint trial, wherein his Fifth Amendment rights are revoked.”

No word yet on whether or not a judge has granted the motion. Joe and Teresa are due back in court on April 9.